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SMITH v. BORTNER

No. 2667, September Term, 2008.

998 A.2d 369 (2010)

193 Md. App. 534

Eyrania SMITH v. Michael BORTNER.

Court of Special Appeals of Maryland.

July 7, 2010.

Attorney(s) appearing for the Case

Paul Hollifield (Karl H. Goodman, on the brief) of Baltimore, MD, for appellant.

Adam Rodenblatt (John E. Beverungen, County Atty., Jeffrey G. Cook, Asst. County Atty., on the brief) Towson, MD, for appellee.

Panel: DAVIS, WOODWARD and ZARNOCH, JJ.

ZARNOCH, J.

In this appeal, we are asked to determine the appropriate State constitutional standard for a claim that police used excessive force on a citizen in custody following a valid arrest. The unfortunate circumstances described below led Eyrania Smith, appellant, to file suit in January 2008 in the Circuit Court for Baltimore County against Michael Bortner, appellee, an officer of the Baltimore County Police Department. In that suit, she alleged that the officer...

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